Florida Senate - 2016 SB 1272
By Senator Hukill
8-01182A-16 20161272__
1 A bill to be entitled
2 An act relating to the Florida renewable energy
3 production credit; amending s. 220.193, F.S.; deleting
4 the time limit for the renewable energy production
5 credit against the corporate income tax; revising the
6 total amount of tax credits which may be granted to
7 taxpayers per state fiscal year; revising the
8 permissible use of certain unallocated credit amounts;
9 deleting an obsolete provision relating to
10 applicability; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (b) and (g) of subsection (3) and
15 subsection (8) of section 220.193, Florida Statutes, are amended
16 to read:
17 220.193 Florida renewable energy production credit.—
18 (3) An annual credit against the tax imposed by this
19 section shall be allowed to a taxpayer, based on the taxpayer’s
20 production and sale of electricity from a new or expanded
21 Florida renewable energy facility. For a new facility, the
22 credit shall be based on the taxpayer’s sale of the facility’s
23 entire electrical production. For an expanded facility, the
24 credit shall be based on the increases in the facility’s
25 electrical production that are achieved after May 1, 2012.
26 (b) The credit may be claimed for electricity produced and
27 sold on or after January 1, 2013. Beginning in 2014 and
28 continuing until 2017, Each taxpayer claiming a credit under
29 this section must apply to the Department of Agriculture and
30 Consumer Services by the date established by the Department of
31 Agriculture and Consumer Services for an allocation of available
32 credits for that year. The application form shall be adopted by
33 rule of the Department of Agriculture and Consumer Services in
34 consultation with the commission. The application form shall, at
35 a minimum, require a sworn affidavit from each taxpayer
36 certifying the increase in production and sales that form the
37 basis of the application and certifying that all information
38 contained in the application is true and correct.
39 (g) Notwithstanding any other provision of this section,
40 credits for the production and sale of electricity from a new or
41 expanded Florida renewable energy facility may be earned between
42 January 1, 2013, and June 30, 2016. The combined total amount of
43 tax credits which may be granted for all taxpayers under this
44 section is limited to $15 million per state fiscal year $5
45 million in state fiscal year 2012-2013 and $10 million per state
46 fiscal year in state fiscal years 2013-2014 through 2016-2017.
47 If the annual tax credit authorization amount is not exhausted
48 by allocations of credits within that particular state fiscal
49 year, any authorized but unallocated credit amounts may be
50 carried forward used to grant credits that were earned pursuant
51 to s. 220.192 but unallocated due to a lack of authorized funds.
52 (8) This section shall take effect upon becoming law and
53 shall apply to tax years beginning on and after January 1, 2013.
54 Section 2. This act shall take effect July 1, 2016.